So far, in the Periconi, LLC Environmental Law Blog, we've discussed what to do before you purchase a contaminated property (see here) and what to do after you've purchased a contaminated property (see here), but there is a step that often takes place in between - i.e., between contract signing the closing on the purchase - that may be triggered by the results of your Phase I Environmental Site Assessment ("ESA"): the invasive Phase II ESA investigation.

We realized, while writing about the new "Continuing Obligations Standards" for contaminated properties (see here), that in order to give a comprehensive picture of what needs to be done if you're thinking about purchasing a contaminated property, we need to start at the beginning: the Phase I Environmental Site Assessment. This has to take place before you purchase the contaminated property.

New guidelines published in 2011 assist landowners in suring that they meet all the requirements - specifically the "continuing obligations" - to avail themselves of the landowner liability protections under the federal Superfund Act.

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